Office of Communications

NOTICE OF A NOTIFICATION UNDER SECTIONS 48(1) AND 120(5) OF THE COMMUNICATIONS ACT 2003 BY THE DIRECTOR GENERAL OF TELECOMMUNICATIONS ON THE SETTING OF A CONDITION FOR THE PURPOSE OF REGULATING THE PROVISION, CONTENT, PROMOTION AND MARKETING OF PREMIUM RATE SERVICES

1. The Director General of Telecommunications (the “Director”), in anticipation of sections 3 and 120 to 124 of the Communications Act 2003 (the “Act”) coming into force on 29th December 2003 by virtue of the Office of Communications Act 2002 (Commencement Order No. 3) and Communications Act 2003 (Commencement Order No. 2) Order 2003, S.I. 2003 No. 3142 (C. 125) and his powers under section 13 of the Interpretation Act 1978, has today published a notification under sections 48(1) and 120(5) of the Act. The effect of the Notification is to set a condition which binds each and every person falling within the definition of Communications Provider as set out in the condition for the purpose of regulating the provision, content, promotion and marketing of premium rate services, to take effect from and including 29th December 2003.

2. In publishing the Notification, the Director has considered every representation made to him in respect of his proposal set out in the first Notification and the accompanying consultation document published on 12th June 2003. In addition, the Secretary of State has not notified the Director of any international obligation of the United Kingdom for this purpose.

3. For the reasons set out in Chapter 1 of the statement accompanying the Notification, the Director is satisfied that, in accordance with section 47(2) of the Act (which provision applies to the Director’s above-mentioned proposal set out in the First Notification by virtue of section 120(5) of the Act), the condition set out in the Schedule to the Notification is:

(i)	objectively justifiable in relation to the networks, services, facilities, apparatus or directories to which it relates;
(ii)	not such as to discriminate unduly against particular persons or against a particular description of persons;
(iii)	proportionate to what the condition is intended to achieve; and
(iv)	in relation to what it is intended to achieve, transparent.

4. For the reasons set out in Chapter 1 of the statement accompanying the Notification, the Director is satisfied that he has acted in accordance with his general duties set out in section 3 of the Act.

5. A copy of the Notification has been sent to the Secretary of State in accordance with section 120(6) of the Act.

6. The text of the Notification and accompanying statement is available on Ofcom’s website (www.ofcom.org.uk) and will be made available on request. Please contact Gavin Daykin on 020 7981 3859 or by e-mail at gavin.daykin@ofcom.org.uk.

Neil Buckley, Policy Project Manager.

A person authorised under paragraph 8 of Schedule 1 to the Telecommunications Act 1984.

Dated: 23rd December 2003.